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Ninth Circuit: injunctive relief claims relating only to past harms to a limited class are not exempt from arbitration

Pillsbury Winthrop Shaw Pittman LLP
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USA
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April 22 2013

Following the U.S. Supreme Court's decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held

High court agrees class rep's stipulation doesn't bar federal jurisdiction

Pillsbury Winthrop Shaw Pittman LLP
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USA
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March 29 2013

The U.S. Supreme Court, in Standard Fire Insurance Co. v. Knowles, resolved the debate between the plaintiffs' bar and defense bar regarding whether

Theory of continuous accrual may apply in unfair competition law class actions

Pillsbury Winthrop Shaw Pittman LLP
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USA
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January 28 2013

The Supreme Court of California, in Aryeh v. Canon Business Solutions, Inc., resolved the "lingering uncertainty over the timing of accrual and the

Drawing the line online: employers’ rights to employees’ social media accounts

Pillsbury Winthrop Shaw Pittman LLP
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USA
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October 16 2012

With the unprecedented popularity of social media, employees have increasingly used LinkedIn and other online forums to network for business and social purposes

CA law yields to FAA: class waiver in arbitration agreement not barred by CLRA

Pillsbury Winthrop Shaw Pittman LLP
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USA
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August 13 2012

Despite the U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion regarding the enforceability of arbitration agreements under the Federal Arbitration Act, plaintiffs in California have creatively argued that the FAA does not preempt certain state laws that expressly permit class actions

I know what you watched last summer

Pillsbury Winthrop Shaw Pittman LLP
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USA
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May 10 2012

The Northern District of California continues the series begun by the Seventh Circuit in Sterk v. Redbox Automated Retail LLC, against class actions brought under the federal Video Privacy Protection Act and seeking lucrative liquidated damages simply because a "video tape service provider" retains records of customers' video purchases and rentals past the one-year cut-off

U.S. Supreme Court limits the scope of "actual damages" in the federal Privacy Act

Pillsbury Winthrop Shaw Pittman LLP
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USA
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April 6 2012

In its March 28 decision in Federal Aviation Administration v. Cooper, the U.S. Supreme Court interpreted the federal Privacy Act of 1974 and held that the term "actual damages," as used in the Act, does not include damages for mental or emotional distress

California court OKs collecting consumer zip codes to combat credit card fraud

Pillsbury Winthrop Shaw Pittman LLP
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USA
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March 22 2012

Just over a year after it was filed, Chevron Corporation and other oil companies won dismissal of a putative privacy class action filed after the California Supreme Court's decision in Pineda v. Williams-Sonoma Stores, Inc

Avoid being in the spotlight of California's 'Shine the Light' privacy-related law

Pillsbury Winthrop Shaw Pittman LLP
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USA
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March 1 2012

Eight years after California's "Shine the Light" privacy-related law (S.B

Second Circuit finds class action waiver deprived plaintiffs of antitrust protections

Pillsbury Winthrop Shaw Pittman LLP
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USA
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February 9 2012

Declining to enforce an arbitration clause on the grounds that the class action waiver effectively would preclude plaintiffs from enforcing their rights under the Sherman and Clayton Acts, the Second Circuit distinguished the U.S. Supreme Court’s recent pro-arbitration decisions in Stolt-Nielsen, Concepcion and CompuCredit, and instead relied on Green Tree Financial Corp. and other earlier U.S. Supreme Court decisions

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